The morning news. [volume] (Savannah, Ga.) 1887-1900, 1887-08-31
ILLEGALLY RELEASED.
SAM TITCoMB THE ACTOR IN
ANOTHER MAGISTERIAL FARCE.

On&TRe Is disposed III now u Mag
istrate Usurps the Prerogative Of
che Higher Courts-Titcomb's Bonds
man Anxious.
Sam j. Titcomb and Charles McAllister,
charged with assault and battery on Isadore
Feldelson, New York umbrella drummer,
in Byck's cigar store, Broughton street,
July 81. last, had an examination before
Justice Naughtin yesterday afternoon and
were discharged. After the assault they
were brought up before the Justice, and, as
he informed NEWS reporter, placed under
bond TO appear at the November term of
the City Court.
The readers of the NEWS probably re-
member another very sensational ''exami-
nation in Mr. Titcomb's case a short while
Ago.
NOTIFIED OF ITS ILLEGALITY.
Mr.. W. w Fraser, Acting Solicitor
General, was notified last week that
Mr.. Titcombs examination would be
held Monday at Justice NaughtIns office
Mr.. Fraser saw Justice Naughtin and ex-
planned why the case could not be tried be-
fore the Magistrate The bond was for the
City Court, and the Justice had no luris-
diction over it. Mr.. Fraser says Justice
Naughtin seemed to agree with him, and
finally conceded in that opinion Yester-
day morning, much to his surprise, Mr.
Fraser received notice that the case would
he tried in the afternoon. Mr.. Fraser stated
that he would not be present at the exam
nation, but it was held just the same
The case was called by the Justice
in the afternoon, r. r. Rich
ards, ESQ.,, appearing for the de-
fence, no prosecutor being present, One
Nutf totn 81 nj
Mr.. Richards moved that his clients be dis
charged and the justice discharged them.
THE EXAMINATIONS SANS EFFECT
Mr.. w. w. Fraser was seen late last
night and asked regarding the legal status
of the case. When Informed of the Eek
animation" and discharge OF Mr.. Titcomb
he was somewhat astonshed.
"What viii be the result of this dis
charger was asked.
Nothing at ALL he replied 'There GER
tainly was no legal examination as under
stand it. The bonds were for the City
Court, am sure, and the Justice had no
jurisdiction in the matter whatever"
In response to further questions Mr..
Fraser gave the following in substance:
Soon after the examination at Justice
Reynolds Office he called for the bonds in
the case and deposited them in his office
The Endorsement ON them says that Mr.
no one appeared to prosecute him, he was
discharged, and this in the face of the fact
that the bonds were for the City and
Superior courts respectively.
HIS BoNDsMAN IN A oUANDARY
His bondsman called on Mr.. Fraser soon
thereafter, and inquired regarding his liza
hility, as he said Mr.. Titcomb had Informed
him that he was free, and that the bonds
were therefore not binding. Mr.. Fraser
L.
taken, and that the bonds were as good as
ever and held the bondsmen for their
faithful performance The examination
was a farce, as far as it concerned the free
ing of Mr. Titcomb from those charges
The gentleman left, feeling that he was still
holden on the bonds. He, however, asked
II there was any way in which he could be-
come free and released from the bonds, and
he was told the only way was to surrender
Mr.. Titcomb to either the Sheriff of the
City or the Superior Court.
THE PRELMINARlEs.
When Mr. Fraser received the first notice
announcing the second examination as set
down for Monday he was somewhat sur
prised. He saw the justice soon thereafter
and told him he could not hold the eXami-
nation and explained why Mr.. Titcomb's
bondsman also came up and he was told
that such an examination would not be
bond. The Justice finally agreed
with him. Mr.. Fraser said he
supposed the matter settled Greatly
to his surprise another notice was sent him
yesterday morning. notifying him that the
examination would be held that afternoon
He stated he would not appear and request
ed the Justice TO send the bond in the case
IN to his Office. Up to the closing hour of
the office last night that had not been DONE
ANOTHER CURIOUS PHASE
Mr.. Fraser said it was reported that Mr.
Titcombs bondsman surrendered him to
Constable Kaufman. He was then
arraigned before the Justice, and imme-
diately bailed for hearing This followed
and he was discharged. as above stated
When asked why such an examination was
held, Mr. Fraser expressed his inability to
explain. He could see no reason for it, for
when prisoner gives bail for a higher
court, he valves any hearing in
the lower one, and the very fact
of his giving bail for the higher tribunal
takes the case out of the lower one. There
is no such thing as a justice having iurisdic-
ton over City or Superior Court cases, and
there was something aboutit he could not UNI
tlerstand. 'The mere fact of such an ex-
animation does not alter the status of
the case at all, in my Judgment"
said Mr.. Fraser, "and the bondsman is
as much responsible now as ever. Mr.. Tit
comb was not surrendered to either of the
Sheriifs, and that is the only escape for his
bondsnen. Constable Kaufman had no
authority to receive a prisoner held ON a
City Court bail, and he knows it,"
TIrcoMB SAYS HE is FREE.
The gentleman who signed Mr. Titcomb's
bond was next seen. He admitted that Mr..
Titcomb bad told him that the "examina-
ton in Justice Reynolds office discharged
him wholly. He then saw Mr. Fraser, and
was concerned TO find that the bonds still
held. He had been told by u lawyer, how
ever. that the bonds were not good now af-
ter the Justices discharge. He knew of
yesterdays trial, he said, and Mr.. Fraser
had told him it would not free him. But
this same attorney told him it was all right,
and so tine case proceeded.
''Mr. Titcomh came to my Office late this
afternoon, said he, land told me he was
free He said his lawyer told him all was
right and that such discharge was a legal
one
HIS BoNDsMAN WORRIED.
"When Mr. Fraser first told me / was re-
sponsible even after the trial by Mr. Rey-
nolds, / went TO Mr.. Titcomb as had heard
he was going away and asked him about it.
He said il was all right and that things
would work around 20 make il per-
fectly safe for me. You may be sure of one
thing" said the gentleman with emphasis,
'tWhen ] get out of this ENHANCEMENT il
will be the last one | will ever get into